Opinion: Deconstructing Anthony Kennedy

Best of the Web Today columnist James Taranto on how Supreme Court justice Anthony Kennedy’s seeming reversal on race-based admissions actually marks a substantive change in the law.

This transcript has been automatically generated and may not be 100% accurate.

... I ... Watson the decisions of the Supreme Court this week and we're still going through the de tails of Fisher of the University of Texas ... which was all about racial preferences in university admissions ... and my next guest says that the men to watch ... is as usual Anthony Kennedy ... thus the Web Today columnist James Taranto joins me now to explain ... chains ... that beat them that they ... will focus on justice Kennedy seems to be the swing vote on these decisions ... what did we learn about his jurisprudence in this particular case someone is ... what we learned that much because the position he took in this case why is ... it essentially the same position took ten years in one day earlier Tesco broader versus bones are ... that was the case in which the court upheld the University of Michigan's racial preferences ... I doubt you have the quote I'm sure until we got the best way to put this up on the stream the dissents ... inverter and I quote the court by contrast is going to be satisfied by the law school's profession that some good faith ... the majority admits as much we take the law school is foreign than it was like nothing better ... than to find re stitch on missions for me on and will terminate its race conscious admissions program ... as soon as practicable ... so that's can eat dissenting ... by that decision intruder by the contrast that with the quote from Fisher bristling with us on the screen now quote group did not hold ... that good faith would forgive in in in permissible consideration of race guide James keep this in English for us yes it sounds like justice Kennedy is contradicting himself he says Groeger was axed in ninety two thousandthree greater is not action twenty for ten ... the reason for this is what he's done is ... his Up album murder he's allowed greater precedent to Stansted race based admissions are fine well which said those race based admissions are fine ... and which he said ... I'd ... they just took the universe is worried by ... are a good faith and didn't applies for Target ... well the thing is greater paid lip service to strict scrutiny which is the very exacting standard that supplied all ... policies or laws that make racial distinctions ... salaries saying is well enough to attain greater its word murder said were placed restricted so ... strict scrutiny is the role okay so that means that going forward court if courts take floor courts take this advice will not advise sits in the end of the men working to comment ... on it what does that mean then for universities to apply strict scrutiny of race based admissions policies it means that not only does it have to be justified by what its called a compelling government interest in this case promoting diversity ... but it has to be narrowly tailored and be the least restrictive means of accomplishing that goal specifically what it means a quarter justice Kennedy ... is that in order to how but there are racial preferences Opels ... universities have to demonstrate that made him a quote serious good faith to consideration of workable race neutral alternatives ... are so ... the Lord courts can just take ... the universe is at their word the way the five justices of the Supreme Court did ten years ago ... so if I'm sitting in the universe the administrative office today is that ... the wiring that does that mean that ... I have to do will weigh in with any combinations policies that ... that preference race is a factor or did they not go that far that well you know I it means that hit that such policies as long as the current roster of Supreme Court prices remain intact ... those policies are going to much more difficult ... to buy up holding court now ... if I'm an admissions officer upon the legal counsel University advising the admissions office what to do ... I think what I say so in that the University is committed to you know core record diverse student body ... but what I say is ... not as a Strategic matter ... hunker down don't make any changes ... hope you don't get sued and hope Obama gets to replace Justice Kennedy are just a scaly era ... the problem with what what what the court to hear ... it commanded the majority the court seven one Justice Ginsburg was alone in this app ... R I and it's potentially a very promising decision for those of us who believe in racial equality ... but the problem is it depends on ... of the court's willingness to ... me what it says when it says strict scrutiny which it does now but it didn't tenures EOS CRIC's strict scrutiny ... the most important phrase potentially in admissions policies today thank you for deconstructing justice Kennedy ... James